Newman v. State

Believing exempt properly, in the form of a homestead, should not be considered in indigency determinations, I respectfully dissent.

I

Appellant was self-employed in the glass business. After being charged with aggravated sexual assault, he retained counsel. As a result of his incarceration, appellant’s financial circumstances deteriorated, and, during trial appellant and his wife filed a joint petition for bankruptcy. Appellant was subsequently convicted and sentenced to fifty years imprisonment.

Appellant requested the appointment of appellate counsel and a free statement of facts. At the…